FRC Action: House Passage of the DISCLOSE Act is Unconstitutional Political Charade

Jun 24, 2010, 18:47 ET from FRC Action

WASHINGTON, June 24 /PRNewswire-USNewswire/ -- FRC Action, the legislative advocacy arm of the Family Research Council, released the following statement criticizing the House passage of the DISCLOSE Act (H.R. 5175), which would limit free speech for organizations during election cycles. The House also rejected the Motion to Recommit which would have amended the bill to ensure inclusion of the same expedited constitutional judicial review that was in the McCain-Feingold legislation.

Among the bill's requirements is that organizations must list their top five donors on a television advertisement, regardless of whether or not those donors contributed to the particular campaign. This legislation clearly violates the First Amendment of the Constitution. FRC Action Senior Vice President Tom McClusky made the following comments:

"This is a blatant attempt by the liberal-led House to mute organizations that oppose them in the upcoming election. House liberals are very aware that the DISCLOSE Act is unconstitutional and are unconcerned with that fact.

"The House chose to ignore the problems often found in the financing of campaigns, and chose instead to add to the already onerous burdens placed on grassroots organizations.

"The House also rejected a motion to recommit the bill which would have added an expedited judicial review when a constitutional challenge is brought against the bill. However, by rejecting an expedited judicial review, one that occurs prior to November's election, Congress is demonstrating that this is a political charade only intended for this election cycle. By then, the damage to free speech will have already been done and the fall election concluded.

"It is up to the Senate to reject this unconstitutional bill. The focus should not be protecting one organization over another but rather upholding the U.S. Constitution. The Second Amendment, Third Amendment, Fourth Amendment and so on mean nothing if not for the protections guaranteed in the First Amendment."